No indictment for Rice officers in video beating

Brian Roger, Houston Chronicle

By Brian Rogers

Updated 1:20 am, Thursday, March 13, 2014

Legislators believe three Rice University police officers beat Ivan Joe Waller, 37, with batons during his August arrest for stealing a âbait bikeâ on campus. He later pleaded guilty to misdemeanor theft in exchange for 15 days in jail.
Photo: Harris County Sheriff Office

Two Rice University police officers caught on camera hitting a man with batons during an August arrest will not face criminal charges.

A Harris County grand jury on Wednesday declined to indict the officers, who can be seen in campus surveillance footage beating a man after he tried to steal a bicycle from the campus.

After the incident came to light in December, Rice officials defended the officers and said the force was justified.

Harris County District Attorney Devon Anderson said the grand jury's decision should not be taken as an "endorsement or approval of the officers' actions."

"Although some of the tactics shown on the video are very disturbing, the ultimate question for the grand jury was whether the officers' conduct rose to the level of a crime," Anderson said in a statement. "They concluded that it did not."

The Rice police department was widely criticized in December after parts of the video were released showing the officers hitting 37-year-old Ivan Waller, who was accused of stealing a "bait bike" that officers put out as part of a sting.

The university released an account of the arrest in which officials said repeated attempts to gain control of Waller with verbal commands and physical controls were unsuccessful before officers used batons to strike his legs. The force was used to subdue the man without causing serious bodily harm, a Rice statement said.

The university on Wednesday released the video and a statement applauding the grand jurors' decision.

"This outcome is consistent with RUPD's internal investigation that concluded the use of force was justified to enable the officers to handcuff a suspect who resisted arrest," according to the statement.

Beating on tape

In the video, two officers can be seen repeatedly winding up and swinging their batons overhead to hit Waller, who appears to be laying on a grassy median on Holcombe. He can be heard repeatedly shouting, "Why are you beating me?"

After seeing portions of the video in December, state Sen. John Whitmire, D-Houston, called it a beating and urged the private university to fire the officers.

Rice Police Chief Johnny Whitehead defended the officers' actions, but said the incident has prompted more training and more equipment options.

Officers had only batons as "less than lethal" options when the incident occurred, he said. They now carry pepper spray and been have trained to use it. Other agencies also use stun guns and beanbag rounds as nonlethal choices.

The chief also said the department had only one trainer and now there are three.

"You learn these techniques in the academy, but they're perishable," he said. "With more trainers, we can train more frequently."

The officers have remained on the force, according to Rice spokesman B.J. Almond. Because an internal review concluded the use of force was justified, the officers kept their jobs during the district attorney's investigation.

Waller, who was convicted of theft in the case, filed a complaint after being contacted by Quanell X, a community activist who said he learned of the video from a Rice University police officer who was disturbed by its content.

"Devon Anderson never had sincere intentions of prosecuting these officers for violating this young man's civil rights," Quanell X said. "She was more interested in getting the support of police officers in a tough election year."

DA's statement

In her statement, Anderson said her office interviewed more than 15 people from inside and outside the Rice University Police Department, including "use of force" trainers.

She said the 12 grand jurors empaneled by state District Judge Maria Jackson represent a cross section of the community.

"They concluded, after several sessions, that there was not enough probable cause to believe the officers committed a criminal offense," Anderson said. "It has been a long-standing policy of this office to vigorously investigate allegations of criminal wrongdoing by police officers and to present all of the evidence we gather to a grand jury for their independent and objective review."